62A-5-201 - Utah State Developmental Center.
62A-5-201. Utah State Developmental Center.
(1) The facility for persons with mental retardation located in American Fork City, UtahCounty, shall be known as the "Utah State Developmental Center."
(2) Within appropriations authorized by the Legislature, the role and function of thedevelopmental center is to:
(a) provide care, services, and treatment to persons described in Subsection (3); and
(b) provide the following services and support to persons with disabilities who do notreside at the developmental center:
(i) psychiatric testing;
(ii) specialized medical and dental treatment and evaluation;
(iii) family and client special intervention;
(iv) crisis management;
(v) occupational, physical, speech, and audiology services; and
(vi) professional services, such as education, evaluation, and consultation, for families,public organizations, providers of community and family support services, and courts.
(3) Except as provided in Subsection (6), within appropriations authorized by theLegislature, and notwithstanding the provisions of Part 3, Admission to Mental RetardationFacility, only the following persons may be residents of, be admitted to, or receive care, services,or treatment at the developmental center:
(a) persons with mental retardation;
(b) persons who receive services and supports under Subsection (2)(b); and
(c) persons who require at least one of the following services from the developmentalcenter:
(i) continuous medical care;
(ii) intervention for conduct that is dangerous to self or others; or
(iii) temporary residential assessment and evaluation.
(4) (a) Except as provided in Subsection (6), the division shall, in the division'sdiscretion:
(i) place residents from the developmental center into appropriate less restrictiveplacements; and
(ii) determine each year the number to be placed based upon the individual assessedneeds of the residents.
(b) The division shall confer with parents and guardians to ensure the most appropriateplacement for each resident.
(5) Except as provided in Subsection (7), within appropriations authorized by theLegislature, and notwithstanding the provisions of Subsection (3) and Part 3, Admission toMental Retardation Facility, a person who is under 18 years of age may be a resident of, admittedto, or receive care, services, or treatment at the developmental center only if the director certifiesin writing that the developmental center is the most appropriate placement for that person.
(6) (a) If the division determines, pursuant to Utah's Home and Community-BasedServices Waiver for Individuals with Mental Retardation and Other Related Conditions, that aperson who otherwise qualifies for placement in an ICF/MR should receive services in a home orcommunity-based setting, the division shall:
(i) if the person does not have a legal representative or legal guardian:
(A) inform the person of any feasible alternatives under the waiver; and
(B) give the person the choice of being placed in an ICF/MR or receiving services in ahome or community-based setting; or
(ii) if the person has a legal representative or legal guardian:
(A) inform the legal representative or legal guardian of any feasible alternatives underthe waiver; and
(B) give the legal representative or legal guardian the choice of having the person placedin an ICF/MR or receiving services in a home or community-based setting.
(b) If a person chooses, under Subsection (6)(a)(i), to be placed in an ICF/MR instead ofreceiving services in a home or community-based setting, the division shall:
(i) ask the person whether the person prefers to be placed in the developmental centerrather than a private ICF/MR; and
(ii) if the person expresses a preference to be placed in the developmental center:
(A) place the person in the developmental center if the cost of placing the person in thedevelopmental center is equal to, or less than, the cost of placing the person in a private ICF/MR;or
(B) (I) strongly consider the person's preference to be placed in the developmental centerif the cost of placing the person in the developmental center exceeds the cost of placing theperson in a private ICF/MR; and
(II) place the person in the developmental center or a private ICF/MR.
(c) If a legal representative or legal guardian chooses, under Subsection (6)(a)(ii), to havethe person placed in an ICF/MR instead of receiving services in a home or community-basedsetting, the division shall:
(i) ask the legal representative or legal guardian whether the legal representative or legalguardian prefers to have the person placed in the developmental center rather than a privateICF/MR; and
(ii) if the legal representative or legal guardian expresses a preference to have the personplaced in the developmental center:
(A) place the person in the developmental center if the cost of placing the person in thedevelopmental center is equal to, or less than, the cost of placing the person in a private ICF/MR;or
(B) (I) strongly consider the legal representative's or legal guardian's preference for theperson's placement if the cost of placing the person in the developmental center exceeds the costof placing the person in a private ICF/MR; and
(II) place the person in the developmental center or a private ICF/MR.
(7) The certification described in Subsection (5) is not required for a person who receivesservices and support under Subsection (2)(b).
Amended by Chapter 42, 2010 General Session